The Real Footie Analyst

Suarez/Evra: What could happen next?

suarez-evra.jpgLots have been said around the racism row between Luis Suarez and Patrice Evra. However could happen next?

After reading an article on Goal.com, I thought I’d share some of the permutations.

Lawyer Stuart Miller, the senior partner of European business law firm Miller Rosenfalck, shared his expertise on the matter.

What can Liverpool and Suarez do regarding an appeal?

“Suarez has 14 days from the time the full written judgement is published to appeal the findings against him. It’s Suarez, rather than Liverpool, who has been fined and banned so it’s his right as to where to proceed from here.

“If he chooses to appeal, he will try to say that it is not a just ban. It is highly unlikely that the decision made by the Independent Regulatory Commission (IRC) will be completely overturned, given Suarez has admitted to using the word.

“What he will argue, from my understanding, is that there was a cultural misunderstanding. He can argue mitigating circumstances in attempt to get the ban reduced on appeal.

“I have not seen the full submissions, but we saw with Wayne Rooney’s appeal to Uefa that appeals can have some success.

“I would suggest that Suarez would have to show an element of contrition and remorse to have any success on appeal. So far, Liverpool have been very defensive and it won’t do them any favours.”

How far could Liverpool and Suarez theoretically take this? Could it move beyond the FA and towards the Court of Arbitration for Sport?

“I’m sure Liverpool will have some legal advice on the contingencies and how far this can be realistically taken if they plan for further appeal. The first step of appeal is the FA board, then Uefa and then the Court of Arbitration for Sport (CAS).

“It is very premature to consider an appeal to CAS as the regulatory procedures are very clear. You have to exhaust all your rights to appeal below CAS. The only next step for now is to the appeal board of the FA.”

Are there any precedents for a case like this?

“There is no obvious precedent for this. We have had clubs charged because of chanting by supporters but in those cases Uefa have taken action because it’s the club’s responsibility. In this case, it’s just an incident relating to Suarez.

“The FA’s Rule E – on which the Suarez case revolves – is the product of the very good work the FA has done with its anti-racism campaign in the last decade.”

Could Liverpool be in legal trouble by claiming FA have an agenda against Suarez?

“Liverpool are skating on very thin ice for their statement released on Tuesday night, in which there is suggestion of a witch hunt and an agenda against the club. For Liverpool to question the neutrality of the IRC could get them into trouble for bringing the game into disrepute. It’s jaw-dropping to suggest there is an agenda at work.

“They have sailed into very stormy waters and I would expect the FA to launch proceedings against Liverpool.”

Could Liverpool be sued by Evra by questioning his credibility?

“It is undoubtedly defamatory of Liverpool towards Evra as the statement says something negative about him and his credibility.

“He could sue Liverpool, but he will wonder if there is any point. There are two purposes to a defamation case: damages and restoration of reputation. In general, credibility issues are not great for footballers.

“Both Evra and Liverpool could afford the lawyers but I don’t see it as realistic.”

Source: Goal.com

2 Comments

  1. robert says:

    Yet again we are seeing wrongdoing been diluted by suggestions of cultural differences. Suarazes intent was to provoke (not a crime) by racially insulting evra (which is). Justice is imperfect but LFC should encourage Suarez to accept the ban and let the football public see a club and player accept responsibility without wriggling on semantics.

    Is it harsh..undoubtedly. Will it cost LFC goals and a European place? Maybe.

    Will creating a legal stink and avoiding the primary issue help football and footballers reputations….NO.

  2. footieanalyst says:

    Disagree with your sentiment. Robert. Why? Like any allegations (whether on a football pitch or in daily life situations) you can’t assume someone is guilty until all the facts have been laid out on the table. There is no concrete evidence that shows the allegation. Evra has merely accused Suarez and the FA have made judgemnet based on that alone, plus their effort to set an example to FIFA. Liverpool as a club have questioned his integrity and that’s key bit for me. I’ll stand by Luis until they can prove he ‘racially abused’ Evra. Things were said by both players, to insult each other, whether it referred to someone’s ethnic heritage (South American) and origin, or the colour (Negrito) of their skin, and that’s what LFC are standing firm on. You can’t want to say things to someone in the heat of the moment and then shout ‘abuse’ and play the race card when someone dishes it back! Evra is like the little boy that cried wolf. I ecpect the clubd to appeal and show up the frailties of the FA. The same United folk that lambasted the FA for fining Fergie for ref rants are now saying ‘well done’. Come now we all know the FA are mixed up bunch. Waiting patiently to see John Terry’s outcome…

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